UBER DRIVERS

Read here about an important lawsuit brought by Uber drivers to recover the tips they should have received and reimbursement for expenses

Uber drivers have filed a class action lawsuit claiming they have been misclassified as independent contractors and are entitled to be reimbursed for their expenses that Uber should have to pay, like for gas and vehicle maintenance. The lawsuit also challenges Uber’s practice of telling passengers that the gratuity is included and not to tip the drivers, even though you are not getting a tip!!

The case is moving forward, and we are now looking forward to the court’s ruling on summary judgment. At a hearing held on January 30, 2015, the judge overseeing the case, Judge Edward M. Chen, of the federal district court in San Francisco, made strong comments indicating that he is likely to deny Uber’s motion for summary judgment and believes the drivers may prove their claim that they have been misclassified as independent contractors. See the news stories below for reports on the hearing.

Assuming Judge Chen denies Uber’s motion, the next step will be for us to file for class certification, which would define the scope of the case and which drivers can be covered under it. One issue that is likely to arise has to do with the arbitration clause that Uber began distributing to drivers just before this lawsuit was filed. The court has not yet ruled on whether this clause is enforceable. If the judge enforces the arbitration clause and you did not opt out of the arbitration clause within 30 days of accepting the agreement, you may not be covered by the class action and may have to pursue an individual case against Uber. We will bring individual cases for drivers who may be bound by the arbitration clause. So if you did not opt out of Uber's arbitration clause within 30 days of accepting the agreement, please CONTACT US if you want us to pursue an individual arbitration case for you, so that you can be covered by the result we obtain. If you accepted an Uber contract within the last 30 days, you can still opt out of the arbitration clause by emailing optout@uber.com and saying you want to opt out of the arbitration clause, or send us your opt out form below and we will submit it for you.

We think this decision was incorrect and we plan to appeal it. But meanwhile, if you have driven for Uber anywhere in the United States, and did not opt out of the arbitration clause within 30 days of accepting Uber’s agreement, please CONTACT US so that we can pursue an individual arbitration claim for you.

If you have any questions, feel free to call or email Shannon Liss-Riordan, the lead attorney representing the Uber drivers, or her paralegal assistant, Elizabeth Lopez, at (617) 994-5800, at elopez@llrlaw.com, or sliss@llrlaw.com.

Attorney Liss-Riordan and her firm have represented thousands of tipped employees, and employees who have been misclassified as independent contractors, all around the country. See her firm’s website for more information: www.llrlaw.com.